Resolution-PC 98-13RESOLUTION NO. PC98-13
A RESOLUTION OF THE ANAHEIM CITY PI-ANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMI"f NO. 3y77 BE DENIED
WHEREAS, the P.naheim City Planning Commission did rece+ve a verified Petition or
e~ situatetl in the Cily of Anaheim, County of Orange, State
Conditional Use Permit f~r certain reai prop y
of Caiifornia, described as:
SHOWN ON A MAP OF SURIVEY MADE BY WILLTO N MEL AND FILED
FOR RECORD I N T H E O F F I C E O F THE COUNT`! RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY D E S C R I B E D
AS FOLLOWS:
STREETI WITH THE ISOUTHERLY LINE OF S NTA ANA STRE.ETNAS
SAID STREETS A R E S H O W N O N S AID MAP; THENCE NORTHERLY
WTERSECT ON ~ TH THE SOUTHWESTERLY LINE OF MANCHESTER
SOUTHERN PA C~ F C E RAILWAY; 1THENCE SOUTHEAS ER L YO A L O N G
SAID BOULEVARD 432.44 FEET TO A POINT; TIIENCE
N RTHER Y LWE OF LOT 32 TO A POINT IN THE WEST LINEI F SA1D
LOT WHICH I5 404.00 FEET SOUTH OF THE POIPJT OF 3EGINNING;
THENCE NORTH ALC~NG THE WEST LINE OF SAID LOT 32 TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE WEST 6.25 FEET AS CONVEYED TO
ALF OF WALNUT TREET BY DEED RECORDED FEBRUARY E, 910,
IN BOOK 177, PAGE 25 OF DEEDS;
LINE ARALLEL WITH AND ID STANTR34O.75LFEET OUTHERLY ROM
CONVE~Y[OrTONTHE CITY OF ANAHE M A MUNICIPAL CORPORATION,
FOR THE WIDENING OF WEST SANTA ANA STREET, BY DEED
RECORDED APRIL 14, 1939, IN BOOK 988, PAGE 485, OF OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Cenler
in the City of Anahei IaW 6ndrinaac ordance with the p ovis onls of the A ahe'im Mun cgpal Code, Ch pter
given as required by
18.03, to hear~ ~a e find ng~ and ecommendations nsconneclontl erewith; a~ndnat use pennit an o
investic~ate an
PC98-13
-1-
CR3167PL.DOC
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and aiter due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one forwhich a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.070 to retain an auto repair, auto body ard paint facility;
2. That the proaosed use adversely affects the adjoining land uses and the growth and
development of the area in which it is located because numerous complaints have been made to the
Code Enforcement Division regarding the existing un-permitted auto repair, auto body and paint facility;
3. That the size and shape of the site for the propnsed use is not adequate to allow fuli
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare because, based on the current and proposed operation of the auto repair, auto body
and paint facility, the site cannot support the structures and Code-required setbacks necessary for this
operation and necessary to properly buffer this use to adjacent residences to the south; that the existing
site does not match the submitted site plan; and that the size of the site is not adequate to allow the full
use as proposed without detriment to the aesthetics of the surrounding area and the general welfare of
the surrounding area;
4. That the traffic generated by the proposed use imposes an undue burden upon the
stre~ts and highways designed and improved to carry the traffic in the area;
5. That granting of this conditional use permit would be detrimenta~ to the peace, health,
safety and general welfare of the citizens of the City of Anaheim because the proposal is incompatible
with the c~.~rrounding land uses and iis operation adversely impacts adjacent and nearby residential and
schou, +~~es; and
6. That 2 people, indicated their presence at the ~~~blic hearing and spoke in opposition;
and that no correspondence was received in opposition to the su~.. ct petition.
CALIFORNIA ENVIRONMEhTAL QUALITY ACT FINDING: Thai the Anaheim City
Planning Commission has reviewed the proposal to retain an auto repair, auto body and paint facility on
a 2.1-acre property located on the soutn side of Santa Ana Street bet~veen Walnut Street and
Manchester Avenue, and having frontages of 390 feet on the east side of Walnut Street, 90 feet on th~
south side of Santa Ana Street and 420 feet on the west side of Manchester Street (520 South Walnut
Street - Anaheim Collision Craft); and dues hereby deny the Negative Declaration upon finding that the
declaration reflects the independent judc~ment ~f the lead agency and that it has considered the Negativa
Deciaration togeiher with any comments received during the public review process and further finding on
the basis of the i~itial study and any comme~ts received that there is substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit, on the basis of the afor2mentioned
findings.
CR3167PL.DOC -2- PC98-13
TiiE FOREGOING RESOLUTIO wa adopted at e Planning Commission meeting of
January21, 1998. / ,~ ;
ANAHEINf CI'f~f PLANNING COMMISSION
A'i7EST:
SECRETARY, k AHEIM CITY PLANNING COMMISSIQN
STATE OF CALIFORNIA )
COUNIY OF ORANGE ) ss.
CIN OF ANAHEIt~A )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 21, 19g8, by fhe following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, NAPOLES, PERAZA
NOES: COM6AISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSNVICK, HENNINGER, MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
, 1998.
JLNl~6'
SECP.ETARY, A A EIM CITY PLANNING COMMISSION
CR3167PL.DOC -3- PC98-13